Encl. (2) to COMDTINST 5350.20A
1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on
the basis of sex in any education program or activity receiving Federal financial
assistance, whether or not such program or activity is offered or sponsored by an
educational institution as defined in these Title IX regulations. The effective date of these
Title IX regulations shall be March 6, 2003.
(b) The provisions established by this part shall be effective for all components of the
Department, including all Department components that are transferred to the Department,
except to the extent that a Department component already has existing Title IX
regulations.
Sec. 17.105 Definitions.
As used in these Title IX regulations, the term:
(a) Administratively separate unit means a school, department, or college of an
educational institution (other than a local educational agency) admission to which is
independent of admission to any other component of such institution.
(b) Admission means selection for part-time, full-time, special, associate, transfer,
exchange, or any other enrollment, membership, or matriculation in or at an education
program or activity operated by a recipient.
(c) Applicant means one who submits an application, request, or plan required to be
approved by an official of the Federal agency that awards Federal financial assistance, or
by a recipient, as a condition to becoming a recipient.
(d) Department means Department of Homeland Security.
(e) Designated agency official means the Officer for Civil Rights and Civil Liberties,
or the designee thereof.
(f) Educational institution means a local educational agency (LEA) as defined by 20
U.S.C. 8801(18), a preschool, a private elementary or secondary school, or an applicant
or recipient that is an institution of graduate higher education, an institution of
undergraduate higher education, an institution of professional education, or an institution
of vocational education, as defined in this section.
(g) Federal financial assistance means any of the following, when authorized or
extended under a law administered by the Federal agency that awards such assistance:
(1) A grant or loan of Federal financial assistance, including funds made available for:
(i) The acquisition, construction, renovation, restoration, or repair of a building or
facility or any portion thereof; and (ii) Scholarships, loans, grants, wages, or other
funds extended to any entity for payment to or on behalf of students admitted to that
entity, or extended directly to such students for payment to that entity.
(2) A grant of Federal real or personal property or any interest therein, including
surplus property, and the proceeds of the sale or transfer of such property, if the Federal
share of the fair market value of the property is not, upon such sale or transfer, properly
accounted for to the Federal Government.
(3) Provision of the services of Federal personnel.
(4) Sale or lease of Federal property or any interest therein at nominal consideration, or
at consideration reduced for the purpose of assisting the recipient or in recognition of
public interest to be served thereby, or permission to use Federal property or any interest
therein without consideration.
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